Land and improvements thereon are usually the largest single asset in any deceased estate. Therefore one of the first tasks of a curator should be to trace any fixed assets, and secure them and any improvements. Today we turn our attention to the HM Land Registry Office. What is it, and what can it do for us when closing a deceased estate.
Where Does HM Land Registry Get Its Authority?
The registry is a non-ministerial department of the government of United Kingdom. Others in this stable include food and standards administration, forestry commission and so on. It was founded in 1862 to register the ownership of land and property in England and Wales.
Where is the Boundary Line (Martin Bodman BY CC 2.0)
What Does the Department Do to Earn Its Keep?
HM Land Registry Office manages one of the largest property databases in Europe. Its most important contribution to economic stability is guaranteeing title to registered estates and interests in land. There are two types of land title involved:
- Freehold properties where the right exists in perpetuity.
- Leasehold properties granting tenure for over 70 years.
The definition of ‘land’ includes any improvements situate on the property in question. This includes instances where parts of buildings thereon are in separate ownership. The registry office also records title to mines and minerals underground, and even airspace above where there is a different owner.
Costs and Income Attached to HM Land Registry
Registration of tenure of land as outlined above was self-funded from registration and search fees through to April 2020. However from that date forward, the office receives supplemental financial support from treasury.
Most direct income derives from paid public access to its database of titles, interests by other parties, and most plans and maps. The department also provides a paid to service to property owners wishing to register their title for the first time.
Should an Executor Register Untitled Land?
The answer depends on how long the estate might take to wind up, among other considerations. Title grants some protection against squatters. It also provides an easy-to-read document reflecting the contents of the paper title deed, and is a secure repository of information if the hard copy document is misplaced.
But perhaps the greatest advantage is better protection against claims of adverse possession, including disenchanted heirs. Another advantage is the government uses land registry data to assess property values for tax purposes. The official website also provides information about recent property prices.
On Whose Property is This Fence (Jeremy Bollwell BY CC 2.0)
Services Available from HM Land Registry Offices
The registry provides a number of channels to access its data base of land title. These services are generally available online, although it still accepts paper in its brick-and-mortar buildings. What follows is a summary.
Property Ownership Searches
UK property summaries are available free on the website. However, you have to shell out £3 each for title register details, and title plans. Some of the latter are not downloadable and it will cost you a further £7 fee for posting.
Access to Title Deeds
The registry no longer stores original title deeds on paper. However, it is relatively easy to access an electronic copy showing current and past owners. You may also be able to learn more about rights on adjoining land. The cost is £3 per download, which is preferable to standing in a queue. Follows this link for learn more about fees and application forms.
Data Base of House Prices
There is no charge to search the UK price index for sold prices by address. It is also possible to follow price trends for England and Wales by date, property type, or region, county or local authority.
Business Services
HM Land Services sells a number of services as a business. This includes providing spatial data, validating information for mortgage lenders, and verifying individual property data on its system.
Property Boundaries
There’s usually no official record of boundaries between properties in England and Wales. This often causes confusion regarding who owns the hedge, wall, tree or fence separating them. However, it may be possible to glean an idea by inspecting both title plans. The simplest way around a dispute is to make a boundary agreement with the neighbour.
New Registrations
Many properties still do not have title registrations if ownership is unchanged since 1989. However, this has become mandatory in the event of a purchase, gift, inheritance, exchange, or mortgage unless there are 7 years or less on the lease. Contact HM Land Registry direct of you want to apply to register title over a property.
Local Land Charges
Local land charges include planning conditions, highways agreements, tree preservation orders, conservation areas, listed buildings, and environmental health notices. HM Land Services aims to hold a register of all local land charges across England and Wales. You can access it for free, or buy an official search certificate for £15.
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